CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

The Outframe: How International Law’s Core Excludes Its Margins

The Outframe: How International Law’s Core Excludes Its Margins

International law is frequently represented as universal, neutral, and inclusive; however, from its inception, it has been influenced by, and primarily serves, a limited group of states historically categorised as "civilised.” This hierarchy is subtly embedded in foundational instruments such as Article 38(1) (c) of the International Court of Justice (ICJ) Statute, which prioritises norms established by this elite community and positions them as globally applicable. Consequently, the outcome is not an impartial legal framework, but rather a curated paradigm, one that delineates legitimacy, marginalises the peripheral, and consolidates authority through exclusion. Nevertheless, legal considerations extend beyond the confines of this framework. Outside of it exists what may be termed the Outframe: a juridical realm occupied by states, peoples, and principles that are regarded as unworthy of full acknowledgement. The Outframe does not represent lawlessness or absence; instead,...

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ARTICLES

London Book Bloc

London Book Bloc

On this day, despite the protests, the plan to raise the cap on tuition was carried by 323 votes to 302. Like the Wu Ming in Italy, would anyone like to have a go at summarising a message of protest from the names of the books on their shields?  Feel free to use the...

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The state of kettling

The state of kettling

Kettling is a terrible tactic both for those caught between the police lines, and for those who fear such a fate. But perhaps rather than attempting to frustrate the strategy through legal means, our plan of action should be to show its incapacity to work on the streets.

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For a Humanities of Resistance

For a Humanities of Resistance

I first realised that there is something strange about the term ‘Humanities’ when as the Director of my University’s Humanities Institute I participated at a meeting to set up a European Consortium of Humanities Centres. Except for the host centre in Utrecht and mine...

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On Tactics & The City

On Tactics & The City

In London recently I witnessed an evolution in the tactics of demonstrations. For the first time in my life I saw a demonstration tactically out-manoeuvre the police. Anyone who has attended a demonstration in recent years will be familiar with the police tactic of...

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Protest: Wu Ming

Protest: Wu Ming

It could be interesting to look closely at the classics the students chose to put on their shields. Let’s look at the frontline. Boccaccio’s Decameron, which is about people sharing stories while waiting for the plague to end. Asimov’s The Naked Sun, which is the...

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Looking for Spatial Justice

Looking for Spatial Justice

Where is justice? Or, more precisely, what is the where of justice? For quite some time the elephant in the room of social science’s spatial turn – the formula was only mentioned three times in the last century, as Soja noted – this question has gained significant...

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Adikia: On Communism and Rights

Adikia: On Communism and Rights

1.  Back in the Eighties and Nineties, Marxist intellectuals, shaken by the Gulag revelations and the collapse of the communist states, started welcoming human rights. Claude Lefort, Jean-Francois Lyotard, Etienne Balibar and Jacques RancièreClaude Lefort, The...

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University for Strategic Optimism

Inaugural lecture, 24/11/2010 “Welcome to the University for Strategic Optimism, a university based on the principal of free and open education, a return of politics to the public, and the politicisation of public space. As our university buildings are being boarded...

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KEY CONCEPTS

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OVER A DECADE OF ARCHIVES

On Colonial Universality and other Legal Prerogatives: Reflections on Peter Fitzpatrick’s The Mythology of Modern Law

Following the death of Peter Fitzpatrick this month, we are reposting this series on The Mythology of Modern Law (first published on CLT on 3 August 2018) to mark the 25th anniversary of the book.2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of...

Against Agamben: Is a Democratic Biopolitics Possible?

Giorgio Agamben’s recent intervention which characterizes the measures implemented in response to the Covid-19 pandemic as an exercise in the biopolitics of the ‘state of exception’ has sparked an important debate on how to think of biopolitics. The very...

Law, Reading, and Power: The ‘S’ Joke, Why You Find it Funny and Why I Don’t (with Reply)

A guy walks into a bakery known for making fancy cakes. He says, “I’d like to have a cake shaped like the letter S.” The baker says he can do it, but the cake will be expensive. The man confirms that price is no object. The baker tells him to come back after three...

Law is a Fugue

BWV 895 Law is, metaphorically speaking, a fugue.Desmond Manderson has previously deployed the fugue metaphor to describe the mode with which he would present the aesthetic dimensions of law and justice. Here I am intensifying the metaphor in direct relation to...

Jacques Derrida: Deconstruction

Key Concept Img: Annie Vought | annievought.com Deconstruction by its very nature defies institutionalization in an authoritative definition. The concept was first outlined by Derrida in Of Grammatology where he explored the interplay between language and the...

Cupcake Fascism: Gentrification, Infantilisation and Cake

The Cupcake as Object The cupcake is barely a cake. When we think about what “the cake-like” ideal should be, it is something spongy, moist, characterized by excess, collapsing under its own weight of gooey jam, meringue, and cream. It is something sickly and wet that...

White Feminist Fatigue Syndrome

In her recent piece in Comment is Free, "How feminism became capitalism's handmaiden - and how to reclaim it” Nancy Fraser draws on her own work in political theory to argue that feminism at best has been co-opted by neoliberalism and at worst has been a...

Decolonizing the Teaching of Human Rights?

According to the new Bolivian constitution, education is "one of the most important functions and primary financial responsibilities of the State”; it is “unitary, public, universal, democratic, participatory, communitarian, decolonizing and of quality” (art. 78, I);...

#ACCELERATE MANIFESTO for an Accelerationist Politics

01. INTRODUCTION: On the Conjuncture 1. At the beginning of the second decade of the Twenty-First Century, global civilization faces a new breed of cataclysm. These coming apocalypses ridicule the norms and organisational structures of the politics which were forged...

Coughing out the Law: Perversity and Sociality around an Eating Table

It was lunchtime at Sydney’s David Jones, Australia’s up-market department store chain. So I headed down to the ‘food floor’. Whenever I have to shop at DJs I try to make sure I go there around midday, precisely so I can go down to the food floor and order the...

Palestinian Resistance: The Political, Social and Human Right of Self-Defense

Once again the bombs are falling on the Gaza Strip, a stretch of territory excised from Palestine proper as a result of continuing illegal and illegitimate actions by Israel. In fact, Gaza has become a closed ghetto, first cut off from Palestine in violation of the...

Punk, Law, Resistance … “I have set my affair on nothing”

1. I, Punk In 1977 I was sixteen. Everything I have to say about punk is coloured by that fact, because sixteen was precisely the right age to be if punk was going to have a decisive impact on you. Because punk was not about your social class, gender or race, it was...

Anonymous & the Discourse of Human Rights

In the last months, we have seen the emergence of ‘Anonymous’. In particular, in the days after the widespread attack on Wikileaks (following their publication of leaked US diplomatic memos) they emerged with a fairly credible threat to take down major global internet...

Power, Violence, Law

Over the last two hundred years, the theory of right, now known as normative jurisprudence, has discovered its vocation in a frantic attempt to legitimise the exercise of power. It carries out this task by declaring that law and power are external to each other...